Recital 38

Providers of software application stores are in a unique position concerning the way how services which pose a risk for minors may be offered recipients. To ensure a high level of privacy, safety and security for minors in the online environment, providers of software application stores should put in place an age rating system to allow to establish the age-appropriateness of software applications disseminated through their service. Such an age-rating system should apply to each software application and should take due account of the rights and best interests of the child, including minors’ evolving capacities and differing levels of maturity. Providers of software application stores should prevent minors from accessing or purchasing applications rated as age-inappropriate. Furthermore, to ensure compliance with applicable Union law and national law adopted in compliance with Union law, where the provider of a software application store becomes aware of software applications disseminated through its service that are or primarily consist of content that is subject to a higher minimum age under the applicable Union law or national law, the provider should not allow minors below that minimum age from that Member State to access or purchase those software applications through its service. For this purpose, providers of software application stores should assess the age of the recipient of the service in accordance with Chapter V of this Regulation. To ensure transparency and accountability, providers of software application stores should make publicly available, in clear and accessible terms, information on the methodology, criteria and sources underpinning their age-rating systems.